Wednesday, June 15, 2011

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  • virald
    07-13 09:48 PM
    my lawyer says... apply now.. dont know what will be situ in october.. it might go forward.. backward...my pd is 10/2003.

    he says since my medicals are over.. all docs are ready ... so he says file and be part of lawsuit..
    is this wise idea...if i say yes.. he will file by next week..
    i already sent money for my wife...
    my company is not covering my wife's expenses.
    the lawyer is charing 600 for legal and 745 for filing...
    are these
    reasonable fees

    From what I understand, you guys should apply. Worse case scenario is that it will be sent back, but, if something comes out of the law suit or so called compromise, you guys could just become lucky.
    FWIW, a big technology company's lawyer are sending almost 1100 applications.




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  • virald
    07-13 09:48 PM
    my lawyer says... apply now.. dont know what will be situ in october.. it might go forward.. backward...my pd is 10/2003.

    he says since my medicals are over.. all docs are ready ... so he says file and be part of lawsuit..
    is this wise idea...if i say yes.. he will file by next week..
    i already sent money for my wife...
    my company is not covering my wife's expenses.
    the lawyer is charing 600 for legal and 745 for filing...
    are these
    reasonable fees

    From what I understand, you guys should apply. Worse case scenario is that it will be sent back, but, if something comes out of the law suit or so called compromise, you guys could just become lucky.
    FWIW, a big technology company's lawyer are sending almost 1100 applications.




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  • jthomas
    06-10 12:11 PM
    Sidbee,

    thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.

    I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.

    Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).

    You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.

    I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.

    J thomas

    Man you are illegal in the country, And you want to pressurize your employer to follow the law.

    If i was a employer , and had laid of a employee , I may not have reported the lay off, but if he tried to teach me the law , i would have surely reported it to the USCIS , as a illegal.




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  • logiclife
    05-11 11:47 AM
    Thursday afternoon at 2:00 EST, legal immigration will be the topic on NPR�s talk show �Talk of the Nation.� They�ll be looking for people to call in with their stories.

    All members, please call in if you have a compelling story on how the broken legal immigration system affects your life and chokes growth, discourages new talent from coming into the country etc. etc.

    Avoid bashing illegals or any other groups. Its not IV policy and should not be done.

    We've wanted attention to the LEGAL variety of immigration debate and here is your chance to call in, and make your voice heard.

    STAND UP AND SPEAK UP.



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  • ivgclive
    12-19 08:34 AM
    Hi All,

    One of my friend is in a bad situation, I am posting on behalf of him, ....

    AJ

    I asked my friend about this, since he has not had any idea he asked his friend, who suggsted to talk to another friend of his friend who knows little about immigration and he told my friend of friend of friend that "Tell your friend or be assured that you can not talk for your friend in immigration related issues".

    Guys, we are entering 2010...




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  • TheCanadian
    01-01 10:27 PM
    What about AS1?



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  • gotgc?
    09-16 06:13 PM
    Hi,

    Here is my case specifics:
    --------------------------

    1. Filed PERM EB3 LC - PD:01/2006 - Approved.
    2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
    3. Filed I-485 using pending LC Sub I-140 - 07/2007
    4. Second I-140 Filed - 01/2008 based on my original PERM LC.
    5. Second I-140 - Approved - 02/2008
    6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
    "Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
    7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.

    8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.

    I have couple of questions now:

    1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.

    2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)

    Please let me know guys. Your help would be greatly appreciated.

    Thanks




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  • chanduv23
    12-09 12:16 PM
    Guys,

    Right now there are 154 guests accessing this site...please become a member, join state chapter and please please contribute to IV..

    Guests please take a positive step and become a member. And once you become a member - please contribute. This goes a long way towards helping our cause.



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  • nihar
    11-23 08:07 PM
    The issue is that i had applied for my h1 status this year and im completing my mba this year , as i thought i would be able to complete get a job . But alas now all im in is a soup . im about to complete my mba and be eligible for my cpt at the same time i have a dilema about my h1 approved or not . the query is dated the same day as the approval letter . now wat shud i do . i want to get a job and also guide me as to how should i apply for my jobs and also what should i do




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  • svam77
    07-18 11:54 PM
    Thanks a lot for all the replies. I wil wait till August 10th, if I dont get it, I will just ask my attorney to file it with a cover letter. If he hesistates, I will file I 485 myself.



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  • Catherine
    06-23 09:40 AM
    Thanks for your thoughts. Unfortunately the marriage was the basis of my green card and I was divorced before being married for two years and, therefore, before applying jointly with my (ex-)husband for the conditions on that card to be removed.

    The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:

    "Divorce Before Green Card Issued

    Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.

    However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.

    If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.

    But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
    Applying for a Waiver

    The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:

    * Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
    * Extreme hardship to the immigrant spouse if deported.
    * Extreme cruelty and abuse from the U.S. citizen spouse.

    Waivers often require an interview of the immigrant spouse to get approval."




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  • sands_14
    04-08 04:06 PM
    Does it make sense for anyone to file for GC anymore from India,China.Looks it will take a person 10year on an average and paying for ED/AP will cost around 7000usd for 10 years:)



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  • pyrosleepy
    11-09 10:12 AM
    My 6 year on H1-B status had expired on Nov 8. I-129 for extension based on approved I-140 was filed and delivered to USCIS on Nov 1 as per Fedex. However, USCIS has not cashed my employers check or my money order for the H-4 extension. I called them and they don't have any information. They told me to wait for another week. I am very worried that what will happen if the Fedex package has somewhat got lost. What will happen to my and spouse's status and my 3 year extension. My own lawyer seems to be a little perplexed on this matter, not sure of himself.

    Anyone, please give me some guidance on this.
    Thanks very much in advance.




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  • edaltsis
    07-23 07:14 AM
    It's not consultant, you mean to say that you applied through an agent. Know that you are the consultant but not the company or anyone else.



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  • pnc
    08-02 12:52 PM
    Does anyone has any update about this Amendment?




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  • nutakksa
    08-20 07:38 PM
    Did any body received FP notices from TSC recently. Looks like TSC has become slow for TSC direct fillings.



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  • Lasantha
    06-15 12:59 AM
    Gurus,
    My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?

    As always, appreciate all your help :)

    As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.




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  • karthkc
    07-31 05:34 PM
    Hey thx a lot guys for all your help....
    To (M306M),
    The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
    Hope this helps....

    Family Based (FB) quota works differently from Employment-based (EB) for green cards. This forum is geared towards EB so you may not get a lot of help here...

    As far as extending her H1B goes, if there have been no other Employment-Based GC applications filed on her behalf, I dont think of any way that will allow you to extend her H1B short of time outside the country recapture (as suggested above)

    Look at all the days she has been out of the US in the last 6 years and that might give you enough time to come up with options and file an extension ASAP.

    Also, if willing to take a chance, she can use the 180 day rule to stay out of status, however I would strongly recommend against that since the consequences might affect any current or future GC petition..




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  • sbdol
    07-21 09:51 PM
    I have the same question. I've just filed my I-485, and am waiting for the receipt number. Is it advisable to continue on H1b rather than switching to EAD? My company lawyer is advising against applying for EAD.
    Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:.

    The advantage of H1-B is that if for some reason for example I-140 is denied you can continue on H1-B and refile.




    TeddyKoochu
    04-22 03:47 PM
    Congratulations HBK, what a relief to hear the good news on your case, I am in the same situation and started collecting papers to apply on normal processing will update all of you how it goes. same Vermont ..I am applying.

    Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.

    May GOD Bless all.

    USCIS Policy Memo site link below see for yourself.

    USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)

    I think you are right, hopefully its going to be a matter of time. What a great relief.




    cooldude0807
    06-01 05:10 PM
    I recd an RFE too even though i filed AC21 in feb. My lawyer sent the required docs & from May26th there has been a soft LUD everyday...the status says "Response to request for evidence received, and case processing has resumed". Also there is no RFE on my wife's case.



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